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2017 Supreme(Online)(KER) 5483

HIGH COURT OF KERALA
K.HARILAL, A.M.BABU, JJ
HERCULES AUTOMOBILES INTERATIONAL PRIVATE LTD – Appellant
Versus
LEELA DHARMARATNAM – Respondent


Advocates:
SRI.K.ANAND (SR.), SMT.LATHA ANAND, SRI.JOSEPH SEBASTIAN (PARACKAL), SRI.R.AZAD BABU (CAVEATOR)

ORDER

K.HARILAL, J.

The revision petitioner is the tenant who is confronting with an order of eviction passed against him under Secs 11 (2) (b), 11 (3) and 11 (4) (i) of the Kerala Buildings (Lease and Rent Control) Act ('the Act' for short) in RCP No.45/2006 which stands confirmed in RCA 10/2009 filed by him. According to the petitioner, the petition schedule building was leased out to the first respondent under Ext A1 rent deed. As per the terms and conditions of the said agreement the first respondent is not entitled to sub-let or transfer the rooms or any portion of the building to anybody and that the violation of this term shall render cancellation of the agreement. But, in violation of the terms and conditions of the tenancy the first respondent has sub-leased and transferred exclusive possession of the petition schedule building to a company by name and style as 'M/s Hercules Automobiles International Private Limited' for valuable consideration and the said company is now in unauthorized occupation of the premises. Therefore the petitioner is entitled to get an order of eviction under Sec.11 (4) (i) of the Act.

2. Secondly, it is averred that the petitioner bona fide needs t

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